Terms and Conditions of FFEc Wealth Partners

 

Effective Date: July 23, 2025

 

Preamble: Acceptance of Terms and Conditions

 

These Terms and Conditions, together with the Privacy Policy, Disclaimers, and any other documents, appendices, or policies referenced herein (collectively, the “Agreement”), constitute a legally binding and enforceable contract between you (the “User,” “Client,” “You,” or “Your”) and [Insert Full Legal Company Name of FFEc], a company incorporated under the Companies Act, 2013, with Corporate Identity Number (CIN) [Insert CIN] and having its registered office at **** (hereinafter referred to as “FFEc,” “the Company,” “We,” “Us,” or “Our”).

This Agreement governs your access to and use of the FFEc Platform, which includes the website located at www.ffec.com, any associated mobile applications, and all content, software, tools, and services provided by FFEc (collectively, the “Platform” or the “Services”). The Services offered by FFEc are that of a financial advisory and wealth management platform, operating as a SEBI Registered Investment Adviser.1

BY CLICKING ON THE “I AGREE” BUTTON, COMPLETING THE REGISTRATION PROCESS, OR BY ACCESSING OR USING ANY PART OF THE PLATFORM OR SERVICES, YOU EXPRESSLY AND UNCONDITIONALLY AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. This action constitutes your electronic signature and forms a valid and enforceable contract under the Indian Contract Act, 1872, and the Information Technology Act, 2000.2 The system logs associated with this action will serve as an auditable record of your explicit consent. This approach ensures a clear and demonstrable agreement, which is foundational to the legal relationship and aligns with the principles of explicit consent required under contemporary data protection regulations.2

Access to and use of the Services is strictly conditional upon your acceptance of and compliance with this Agreement. If you do not agree to be bound by these terms in their entirety, you must immediately cease all access to and use of the Platform and its Services.3

FFEc reserves the right, at its sole discretion, to amend, modify, add, or remove portions of this Agreement at any time. We will provide you with a notice of at least thirty (30) days regarding any material changes, which will be communicated to you via your registered email address or through a prominent notification on the Platform. Your continued use of the Platform or Services following the notification of such changes will be deemed to be your conclusive acceptance of the revised Agreement.4 It is your responsibility to review this Agreement periodically for any updates or changes.

 

Section 1: Definitions

 

For the purposes of this Agreement, the following terms shall have the meanings ascribed to them below. Their cognate expressions shall be construed accordingly.

  • “Account” means the secure, password-protected account created by the User on the FFEc Platform to access the Services.
  • “Act” means the Securities and Exchange Board of India Act, 1992.6
  • “AMC” or “Asset Management Company” means a company registered with SEBI that manages the investments of a mutual fund scheme.7
  • “Applicable Law” means any and all statutes, laws, regulations, ordinances, rules, judgments, orders, decrees, by-laws, approval from the concerned authority, government resolution, policy, notifications, circulars, and/or other directives of any governmental, regulatory, or statutory authority of India, including but not limited to SEBI, RBI, IRDAI, and under the DPDP Act.
  • “Assets Under Advice” or “AUA” means the total market value of the financial assets held by a Client in respect of which FFEc provides Investment Advice. This is a basis for calculating fees as permitted by SEBI.1
  • “Client” or “User” means any individual, family unit, business owner, pre-retiree, retiree, corporation, or other legal entity that registers for an Account on the FFEc Platform and avails of the Services.9
  • “DPDP Act” means the Digital Personal Data Protection Act, 2023, and any rules or regulations promulgated thereunder, as amended from time to time.2
  • “FFEc Platform” means the suite of digital interfaces owned, operated, and maintained by FFEc, including its primary website (www.ffec.com), any associated mobile applications, client portals, and application programming interfaces (APIs) through which the Services are delivered.
  • “Force Majeure Event” means any event that is beyond the reasonable control of FFEc, including but not limited to, unavailability of communication systems, acts of God, war, terrorism, riots, civil commotions, strikes, lockouts, industrial action, fire, flood, explosion, sabotage, computer hacking, unauthorized access to computer data and storage devices, computer crashes, system failures, breach of security and encryption, or any other cause for which a remedy is not available.5
  • “Investment Advice” means advice relating to investing in, purchasing, selling, or otherwise dealing in securities or investment products, and advice on an investment portfolio, containing securities or investment products, whether written, oral or through any other means of communication for the benefit of the client and shall be deemed to include financial planning, as defined under the SEBI (Investment Advisers) Regulations, 2013.1
  • “IRDAI” means the Insurance Regulatory and Development Authority of India.
  • “KYC” means “Know Your Customer,” the mandatory process of identifying and verifying the identity of a client as prescribed by SEBI and under the Prevention of Money Laundering Act, 2002 (PMLA).11
  • “KRA” means “KYC Registration Agency,” an entity registered with SEBI that maintains KYC records of investors centrally.5
  • “MITC” means “Most Important Terms and Conditions,” a summary of key contractual terms as may be specified by SEBI from time to time.12
  • “Mutual Fund” means a trust that pools the savings of a number of investors who share a common financial goal, managed by an AMC.
  • “Privacy Policy” means the FFEc Privacy Policy available on the Platform, which details our data collection, use, storage, and protection practices, and which is incorporated by reference into this Agreement.
  • “RBI” means the Reserve Bank of India.
  • “RTA” means “Registrar and Transfer Agent,” an entity registered with SEBI that maintains detailed records of mutual fund unitholders on behalf of AMCs.5
  • “SEBI” means the Securities and Exchange Board of India, the primary regulator for the securities market in India.6
  • “Services” means the comprehensive suite of financial advisory and execution services offered by FFEc through its Platform, including but not limited to Investment Advice, Financial Planning, Wealth Management, Portfolio Management, Transaction Execution, and other related services as described in Section 3 of this Agreement.10

 

Section 2: User Registration, Account, and KYC Compliance

 

2.1 Eligibility

 

To be eligible to open an Account and use the Services, you must represent and warrant that:

  • You are an individual of at least 18 years of age and possess the legal capacity to enter into a binding contract under the Indian Contract Act, 1872.
  • You are a resident of India. Services may be extended to Non-Resident Indians (NRIs) or other jurisdictions only to the extent permitted by Applicable Law and as explicitly stated on the Platform.9
  • In the case of an Account being opened for a minor, you are the natural or legally appointed guardian of the minor, and you agree to provide all necessary documentation, including the minor’s proof of age, and to operate the Account in a manner compliant with Applicable Law.7
  • If you are registering on behalf of a corporation, partnership, trust, or other legal entity, you have the full legal authority to bind that entity to this Agreement.
  • You have not been previously suspended or removed from using our Services and are not disqualified from transacting in securities under any Applicable Law.

 

2.2 Account Creation and Security

 

To access the Services, you must complete the registration process by providing accurate and complete information as prompted by the registration form. This includes, but is not limited to, your full name, a valid mobile number, a valid email address, and your Permanent Account Number (PAN).5 You are responsible for creating a strong password and maintaining the confidentiality of all your login credentials, including your username, password, and any Personal Identification Number (PIN) or One-Time Passwords (OTPs) sent to your registered mobile number or email address.

You agree to be solely and fully responsible for all activities that occur under your Account, whether authorized by you or not. You must notify FFEc immediately of any suspected or actual unauthorized use of your Account or any other breach of security. FFEc shall not be liable for any loss, damage, or liability arising from your failure to comply with this section or from any unauthorized access to or use of your Account that is not a direct result of FFEc’s gross negligence or willful misconduct.5

 

2.3 Mandatory KYC Compliance and Suitability Assessment

 

As a SEBI-regulated entity, FFEc is legally obligated to perform a thorough Know Your Customer (KYC) verification for every client before providing any Services.11 This is a mandatory, one-time process. You agree to provide all necessary documents and information for this purpose, which may include:

  • Proof of Identity (e.g., PAN card).
  • Proof of Address (e.g., Aadhaar card, Passport, Driver’s License, Utility Bill).
  • Proof of Bank Account (e.g., a cancelled cheque leaf with your name pre-printed).11
  • A photograph and your signature.
  • In-person verification (IPV) or video-based verification as may be required.

Beyond basic identity verification, the provision of suitable Investment Advice as mandated by SEBI requires a comprehensive understanding of your financial situation, investment objectives, and risk tolerance.16 The onboarding process is therefore designed not merely to open an account but to establish the fundamental basis for providing advice that is appropriate for you. You will be required to provide additional information, including but not limited to, your income details, net worth, existing investments, financial goals, and responses to a risk profiling questionnaire.

You explicitly acknowledge and agree that the accuracy, completeness, and timeliness of the information you provide during the registration, KYC, and suitability assessment process are paramount. The quality and appropriateness of the Investment Advice rendered by FFEc are directly and materially dependent on the information you furnish. FFEc will rely entirely on the information you provide to construct your risk profile and formulate recommendations. Providing false, misleading, or incomplete information constitutes a material breach of this Agreement and may result in unsuitable advice, for which FFEc shall bear no liability. It is your ongoing obligation to promptly update your profile on the Platform should there be any material change in your financial situation, risk tolerance, or investment objectives.5

 

Section 3: Scope of Services

 

FFEc provides a comprehensive suite of financial services through its Platform, designed to cater to a wide range of clients, from individuals and families to business owners and corporations.9 The Services are architected to maintain a clear and compliant separation between our fiduciary advisory role and our role as a facilitator of transactions, thereby aligning with regulatory principles that discourage conflicts of interest.12

 

3.1 Investment Advisory Services

 

As a SEBI Registered Investment Adviser, FFEc provides Investment Advice in a fiduciary capacity, meaning we are legally bound to act in your best interests.1 These services are the core of our offering and include:

  • Risk Profiling and Suitability Analysis: Assessing your risk tolerance, financial capacity, and investment objectives to create a personalized risk profile.
  • Asset Allocation Strategy: Recommending a strategic allocation of your investments across various asset classes (e.g., equity, debt, gold) based on your risk profile and financial goals.
  • Product Recommendation: Providing specific, unbiased recommendations for investment products such as mutual funds, stocks, Exchange Traded Funds (ETFs), and other securities that are deemed suitable for you.

 

3.2 Financial Planning Services

 

We offer holistic financial planning services designed to create a strategic roadmap for your financial future. This includes planning for specific life goals such as retirement, children’s education, wealth creation, and other long-term aspirations.13

 

3.3 Wealth and Portfolio Management Services

 

For our clients, we provide ongoing wealth and portfolio management services. This involves the continuous monitoring of your investment portfolio, periodic reviews, and proactive recommendations for rebalancing or adjustments in response to market conditions or changes in your personal circumstances.13

 

3.4 Transaction Execution Platform

 

FFEc provides a technology platform to facilitate the seamless execution of your investment decisions. This is a non-advisory, facilitation service offered for your convenience. Through the Platform, you can:

  • Purchase, redeem (sell), and switch units of mutual funds.
  • Buy and sell stocks and ETFs listed on Indian stock exchanges.
  • Invest in other financial products as may be offered on the Platform from time to time.
    When you use this service, FFEc acts as your agent and intermediary, securely transmitting your instructions to the relevant AMCs, stock exchanges, or other third-party entities for execution.17 You are free to use FFEc’s Investment Advice and execute the transactions on any other platform of your choice; you are not obligated to use the FFEc Transaction Execution Platform.

 

3.5 Ancillary Advisory Services

 

Subject to our regulatory permissions, we may also provide advisory services related to:

  • Insurance and Risk Management: Helping you identify your insurance needs and recommending strategies to protect you and your assets from unforeseen risks.13
  • Estate Planning: Providing guidance on structuring your assets to ensure a smooth transfer of wealth according to your wishes.13
  • Tax Planning: Offering strategies to optimize your investment decisions from a tax efficiency perspective.

 

3.6 Use of Automated Tools and Artificial Intelligence (AI)

 

You acknowledge and agree that the FFEc Platform may utilize sophisticated software, algorithms, and AI-driven tools for data analysis, portfolio tracking, and generating investment recommendations (robo-advisory).19 As required by SEBI regulations, FFEc discloses that such tools are used to augment our advisory process. Notwithstanding the use of such technology, FFEc remains solely and fully responsible and liable for the integrity of client data and for the Investment Advice provided to you, whether generated by a human advisor or an automated system.12

 

3.7 Service Limitations and Exclusions

 

  • The Services are available only in jurisdictions where FFEc is legally permitted to operate. The Platform is published for residents of the United States only if and where our advisors are properly registered.9
  • The information and advice provided by FFEc do not constitute legal or accounting advice. You are advised to consult with your own independent legal counsel or chartered accountant for such matters.21
  • FFEc does not offer or sell insurance products unless it holds a specific license from the IRDAI for such activities. Any discussion of insurance is purely from an advisory and financial planning perspective.
  • FFEc does not guarantee the availability of any particular product or service and reserves the right to modify or discontinue any part of the Services at its discretion.

 

Section 4: Client Authorizations and Obligations

 

By accepting this Agreement, you grant FFEc certain authorizations that are essential for the provision of the Services. Without these authorizations, FFEc cannot legally or operationally act on your behalf.

 

4.1 Appointment of FFEc as Agent

 

You hereby irrevocably appoint and authorize FFEc to act as your exclusive agent for the purpose of receiving and executing your instructions with respect to the purchase, redemption, switching, or other transactions in securities and investment products through the Platform.22 This authorization allows FFEc to interact with AMCs, RTAs, stock exchanges, depositories, and other regulated entities on your behalf to fulfill your transaction requests.

 

4.2 Authorization for Data Sharing and KYC

 

You explicitly consent and authorize FFEc to collect, store, use, and share your personal, financial, and KYC information with third-party regulated entities as may be necessary for the provision of Services and for compliance with Applicable Law. These entities include, but are not limited to:

  • KYC Registration Agencies (KRAs) for KYC verification and updates.8
  • Asset Management Companies (AMCs) and Registrars and Transfer Agents (RTAs) for processing mutual fund transactions and maintaining your investment records.5
  • Stock exchanges (NSE/BSE) and depositories (CDSL/NSDL) for equity and demat account transactions.
  • Payment gateway service providers for processing payments for your investments.
  • Regulatory and governmental authorities (such as SEBI, Income Tax Department) as required by law.

 

4.3 Transaction Authorization

 

You agree that any instruction for a transaction that is initiated from your authenticated Account (i.e., after successful login with your credentials) is a valid, binding, and irrevocable instruction from you to FFEc. FFEc is entitled to act upon such instructions without any further verification. You are solely responsible for the accuracy and authenticity of all instructions transmitted through your Account.

 

4.4 Consent for Electronic Communication

 

You consent to receive all communications from FFEc, including but not limited to account statements, transaction confirmations, contract notes, investment reports, notices, and other regulatory disclosures, in electronic format. Such communications may be sent to your registered email address, posted on your Account on the Platform, or delivered via other electronic means. You agree that such electronic communication shall be deemed to be “in writing” and will satisfy any legal requirement for written communication between you and FFEc.23

 

4.5 Client’s Obligation to Review and Report

 

You are responsible for promptly and carefully reviewing all transaction confirmations, account statements, and other reports provided by FFEc. If you notice any discrepancy, error, or unauthorized transaction, you must notify FFEc’s customer support in writing within seven (7) calendar days of the communication being made available to you. Your failure to report any such issue within the specified timeframe will be deemed as your acceptance and ratification of the transaction or statement as correct.

 

Section 5: Fee Structure and Payment Terms

 

FFEc is committed to complete transparency in its fee structure. All fees and charges will be levied in strict compliance with the regulations set forth by SEBI.

 

5.1 Advisory Fee Models

 

For Investment Advisory and Financial Planning services, you may choose from one of the following SEBI-prescribed fee models 1:

  • Assets Under Advice (AUA) Model: A fee calculated as a percentage of your AUA. The maximum fee under this model shall not exceed 2.5% per annum per family.
  • Fixed Fee Model: A flat fee for the services provided. The maximum fee under this model shall not exceed INR 1,51,000 (Indian Rupees One Lakh Fifty-One Thousand only) per annum per family of clients. This limit is subject to periodic review and revision by SEBI or its designated body based on the Cost Inflation Index (CII).12

The specific fee applicable to you will be detailed in your client agreement and will depend on the nature and scope of services availed.

 

5.2 Other Fees and Charges

 

In addition to advisory fees, you may be subject to other charges, which are not levied by FFEc but are inherent to the investment products or transaction process:

  • Third-Party Product Costs: All mutual funds have an expense ratio, which is charged by the AMC and is reflected in the fund’s Net Asset Value (NAV). These are not paid to FFEc.
  • Statutory Levies: For equity transactions, you will be liable for charges such as Securities Transaction Tax (STT), stamp duty, exchange transaction charges, and SEBI turnover fees, as applicable.25
  • Platform or Transaction Fees: FFEc may charge a nominal fee for using the Transaction Execution Platform or for specific types of transactions. Any such fees will be clearly disclosed to you before you confirm a transaction.

 

5.3 Payment, Billing, and Taxes

 

  • Billing Cycle: Advisory fees will be billed in advance on a quarterly or annual basis, as agreed upon in your client agreement.
  • Invoicing: Invoices will be sent electronically to your registered email address and will also be available in your Account on the Platform.
  • Payment Due Date: All fees are payable within fifteen (15) days of the invoice date.
  • Modes of Payment: Fees can be paid through the various electronic payment methods available on the Platform, such as net banking, UPI, or debit cards.
  • Taxes: All fees and charges mentioned are exclusive of any applicable taxes. Goods and Services Tax (GST) and any other statutory levies will be charged extra at the prevailing rates.25

 

5.4 Refund and Reversal Policy

 

  • Advisory Fees: Fees once paid for advisory services are non-refundable.
  • Transaction Funds: In the event of a failed investment transaction where your bank account has been debited but funds are not invested (e.g., due to rejection by the AMC or a technical failure), the amount will be reversed and credited back to your source bank account. The timeline for such reversals will be subject to the processes of the payment gateway and the receiving entity, typically ranging from 3 to 7 working days.5 Successfully executed transactions are final and cannot be cancelled or refunded.

 

Section 6: Intellectual Property

 

6.1 Ownership of Content

 

You acknowledge and agree that FFEc and/or its licensors are the sole and exclusive owners of all rights, title, and interest in and to the FFEc Platform and all its content. This includes, but is not limited to, all text, data, graphics, logos, button icons, images, audio clips, video clips, trademarks, service marks, software, source code, and the overall “look and feel” of the Platform (collectively, “Proprietary Content”). All Proprietary Content is protected by Indian and international copyright, trademark, patent, and other intellectual property laws.4

 

6.2 Limited License to User

 

FFEc grants you a limited, personal, non-exclusive, non-transferable, and revocable license to access and use the Platform and its Services for your own personal, non-commercial financial planning and investment purposes, strictly in accordance with this Agreement. This license does not grant you any ownership rights in the Proprietary Content.

 

6.3 Prohibited Uses

 

You are expressly prohibited from:

  • Copying, reproducing, republishing, modifying, distributing, transmitting, selling, or creating derivative works from any Proprietary Content without the express prior written consent of FFEc.5
  • Using any data mining, robots, or similar data gathering and extraction tools on the Platform.
  • Decompiling, reverse engineering, or disassembling the software or any other part of the Platform’s technology.5
  • Removing, altering, or obscuring any copyright, trademark, or other proprietary notices contained on the Platform.21
  • Using the FFEc brand, logos, or trademarks in any manner that is likely to cause confusion or that disparages or discredits FFEc.

Any use of the Platform or its content not expressly permitted by this Agreement is a breach of this Agreement and may violate intellectual property laws.

 

Section 7: Data Privacy and Confidentiality

 

FFEc is committed to protecting the privacy and security of your data. This section outlines our practices and your rights concerning your personal information, in compliance with the DPDP Act and other applicable regulations. Our detailed Privacy Policy, which is an integral part of this Agreement, provides further information.

 

7.1 FFEc as a Data Fiduciary

 

Under the DPDP Act, FFEc acts as a “Data Fiduciary” for the personal data you provide to us. We are responsible for processing your data lawfully, for specified purposes, and in a manner that respects your rights.2

 

7.2 Data Collection and Purpose Limitation

 

We collect personal and sensitive personal data that is necessary for the provision of our Services. This is guided by the principle of “data minimization.” The data we collect includes 28:

  • Identity Data: Name, date of birth, gender, PAN, Aadhaar number (redacted), photograph.
  • Contact Data: Residential address, email address, mobile number.
  • Financial Data: Bank account details, income and net worth information, investment details, credit information, and financial goals.
  • KYC Data: Information and documents collected during the KYC process, including video recordings.
  • Technical Data: IP address, browser type, device information, and location data.

The purpose of collecting this data is strictly limited to:

  • Complying with our legal and regulatory obligations, primarily KYC and PMLA requirements.
  • Conducting a suitability assessment to provide you with appropriate Investment Advice.
  • Opening your investment account and processing your transactions.
  • Communicating with you about your account and our Services.
  • Improving the functionality and security of our Platform.

 

7.3 Consent

 

By accepting this Agreement, you provide your free, specific, informed, and unambiguous consent for FFEc to collect, process, use, and share your personal data for the purposes outlined above and in our Privacy Policy. For example, when you provide your financial details during onboarding, you consent for us to use this data for risk profiling to ensure the suitability of our advice. This creates a clear, purpose-linked consent trail, which is a cornerstone of the DPDP Act. You have the right to withdraw your consent at any time by contacting our Grievance Officer. However, withdrawal of consent may result in the termination of your access to our Services, as we would be unable to comply with our regulatory obligations.29

 

7.4 Data Sharing and Third Parties

 

We do not sell or rent your personal data. We may share your data with trusted third parties only when it is necessary for the provision of Services or as required by law. These parties include AMCs, RTAs, KRAs, stock exchanges, depositories, payment gateways, and regulatory bodies. All such third parties are bound by contractual confidentiality and data protection obligations.

 

7.5 Data Security and Retention

 

We implement robust technical and organizational security measures, including encryption and access controls, to protect your data from unauthorized access, alteration, disclosure, or destruction.28 We will retain your personal data for as long as your Account is active and for a subsequent period as mandated by Applicable Law (for instance, transaction records must be maintained for at least five years).24 After the retention period, your data will be securely anonymized or deleted.

 

7.6 User Rights under DPDP Act

 

You have the right to:

  • Access a summary of your personal data held by us.
  • Request correction of inaccurate or incomplete data.
  • Request erasure of your data (subject to legal and regulatory retention requirements).
  • Lodge a complaint with our Grievance Officer regarding the processing of your data.
    You can exercise these rights through your Account settings or by contacting our support team.

 

Section 8: Disclaimers, Risk Disclosures, and Limitation of Liability

 

This section is critical and requires your careful attention. It outlines the inherent risks of investing and limits the liability of FFEc.

 

8.1 Investment Risk Disclaimer

 

You expressly acknowledge and agree that all investments in securities and other financial products are subject to market risks, and there is no assurance or guarantee that the objectives of any investment will be achieved. The value of your investments can fluctuate, and you may lose some or all of your principal amount. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS. FFEc does not guarantee any specific rate of return or the performance of any investment recommendation.21

 

8.2 “As Is” and “As Available” Service

 

The FFEc Platform and all Services, information, and content are provided on an “as-is” and “as-available” basis. FFEc expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.4 We do not warrant that the Platform will be uninterrupted, timely, secure, or error-free.

 

8.3 No Warranty of Accuracy

 

While FFEc exercises reasonable care in compiling information, we do not guarantee the accuracy, completeness, or timeliness of any information available on the Platform that is sourced from third parties, such as market data providers, news agencies, or AMCs. You should not construe any material on the Platform as business, financial, investment, legal, or tax advice, and you should not make this service the primary basis for your investment decisions.4

 

8.4 Limitation of Liability

 

To the fullest extent permitted by Applicable Law, FFEc, its directors, officers, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, revenue, data, or other intangible losses, arising out of or in connection with:

  • Your use of or inability to use the Platform or Services.
  • Any investment losses or decline in the value of your portfolio.
  • The performance or non-performance of any third-party service provider, including payment gateways, AMCs, RTAs, or stock exchanges.
  • Any unauthorized access to or alteration of your data or transmissions, unless caused by FFEc’s gross negligence.
  • Any system outage, technical failure, communication line failure, server error, or other technological issue.7
  • Any Force Majeure Event.
  • Any advice rendered that is deemed unsuitable due to your provision of inaccurate, incomplete, or outdated personal or financial information.16

FFEc’s total cumulative liability to you, for any and all claims arising out of or related to this Agreement, shall in no event exceed the total advisory fees paid by you to FFEc in the twelve (12) months immediately preceding the date on which the claim arose.

 

8.5 Summary of Key Disclosures and Client Acknowledgements

 

The following table summarizes the most critical disclosures and acknowledgements contained within this Agreement. By accepting these Terms, you confirm that you have read, understood, and agreed to each of these points. This table serves as a practical implementation of the “Most Important Terms and Conditions” (MITC) concept to ensure clarity on key aspects of our relationship.12

Disclosure / Subject Matter

Client Acknowledgement and Agreement

Investment Risks

I acknowledge that all investments in securities are subject to market risks and that the value of my portfolio can fluctuate. I understand there is no guarantee of returns.

Fiduciary Duty & Suitability

I acknowledge that FFEc will provide advice based on the financial information and risk profile I have provided and that it is my responsibility to ensure this information is accurate and up-to-date.

Data Sharing & KYC

I authorize FFEc to share my personal and KYC data with regulated third parties (e.g., AMCs, RTAs, KRAs) as necessary to provide the Services and comply with the law.

Third-Party Services

I understand that FFEc utilizes third-party services (e.g., payment gateways, execution platforms) and is not liable for their performance, failures, or security breaches.

No Tax or Legal Advice

I acknowledge that FFEc’s services do not constitute legal or tax advice and that I should consult with my own professional advisors for such matters.

Electronic Communication

I consent to receive all communications, notices, and documents electronically and agree that such communications satisfy any legal requirement for written communication.

 

Section 9: Indemnification

 

You agree to indemnify, defend, and hold harmless FFEc and its affiliates, and their respective directors, officers, employees, and agents, from and against any and all claims, demands, suits, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

  • Your breach of any term, condition, representation, or warranty in this Agreement.
  • Your use of or access to the Platform and Services.
  • Any fraud, gross negligence, or willful misconduct on your part.
  • Your violation of any Applicable Law or the rights of any third party.
  • Any claim by a third party arising from the information you provide to us.

This indemnification obligation will survive the termination of this Agreement and your use of the Services.31

 

Section 10: Termination, Suspension, and Account Closure

 

10.1 Termination by User

 

You may terminate this Agreement and close your Account at any time by providing a written request to FFEc through the designated channel on the Platform or by emailing our customer support. Termination will be effective only after you have settled all outstanding fees and all pending transactions have been completed or cancelled.

 

10.2 Termination or Suspension by FFEc

 

FFEc reserves the right, in its sole discretion, to suspend or terminate your Account and your access to the Services, with or without prior notice, for any reason, including but not limited to:

  • Any material breach of this Agreement.
  • The provision of false, misleading, or fraudulent information during registration or at any other time.5
  • Engaging in any activity that is illegal, unethical, or harmful to FFEc or its other users.
  • Non-payment of applicable fees for a period exceeding thirty (30) days from the due date.
  • If required to do so by any regulatory authority or by Applicable Law.
  • If your Account remains dormant or inactive for a period exceeding twenty-four (24) months.

 

10.3 Effect of Termination

 

Upon termination of this Agreement, for any reason:

  • Your right to access and use the Platform and Services will immediately cease.
  • FFEc will proceed to settle your account, which may involve the liquidation of your holdings and the transfer of funds to your registered bank account, after deducting any outstanding fees.
  • Any provisions of this Agreement that, by their nature, are intended to survive termination shall remain in full force and effect. This includes, but is not limited to, the sections on Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law.

 

Section 11: Grievance Redressal and Dispute Resolution

 

FFEc is committed to providing excellent service and has established a comprehensive mechanism for resolving client grievances in a timely and efficient manner, in compliance with the Consumer Protection (E-Commerce) Rules, 2020, and SEBI regulations.2

 

11.1 Grievance Redressal Mechanism

 

Level 1: Grievance Officer

If you have any complaint, grievance, or concern regarding our Services, you should first contact our designated Grievance Officer:

  • Name of Grievance Officer: [Insert Name]
  • Email Address: [Insert Grievance Email, e.g., grievance@ffec.com]
  • Contact Number: [Insert Phone Number]
  • Registered Address: [Insert Address]

Please provide a detailed description of your grievance, including your client ID and supporting documents. We will acknowledge your complaint within 48 hours and will endeavor to resolve it within fifteen (15) days from the date of receipt.

Level 2: SEBI SCORES

If you are not satisfied with the resolution provided by our Grievance Officer, you may lodge a complaint on the SEBI Complaints Redress System (SCORES) platform at https://scores.gov.in.

 

11.2 Dispute Resolution and Arbitration

 

Any dispute, claim, controversy, or difference arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, which cannot be amicably resolved through the grievance redressal mechanism, shall be referred to and finally resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time.

  • The arbitration shall be conducted by a sole arbitrator appointed by mutual consent of the parties.
  • The seat and venue of the arbitration shall be, India.
  • The language of the arbitration proceedings shall be English.
  • The award of the arbitrator shall be final and binding on both parties.

 

Section 12: Governing Law and Jurisdiction

 

12.1 Governing Law

 

This Agreement, and the rights and obligations of the parties hereunder, shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of law principles.4

 

12.2 Jurisdiction

 

Subject to the arbitration clause in Section 11.2, the parties agree that the courts located in ****, India, shall have exclusive jurisdiction to entertain and adjudicate any suit, action, or other legal proceedings arising out of or in connection with this Agreement.

 

Section 13: Miscellaneous

 

13.1 Severability

 

If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be reformed to the minimum extent necessary to make it valid, legal, and enforceable.

 

13.2 Waiver

 

The failure of FFEc to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by an authorized representative of FFEc.

 

13.3 Assignment

 

You may not assign or transfer your rights or obligations under this Agreement to any third party without the prior written consent of FFEc. FFEc may, at its sole discretion, assign or transfer its rights and obligations under this Agreement to any affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

 

13.4 Notices

 

All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and sent electronically. Notices to you will be sent to your registered email address. Notices to FFEc should be sent to our designated support or legal email address as provided on the Platform.

 

13.5 Entire Agreement

 

This Agreement, including the Privacy Policy and all other documents incorporated by reference, constitutes the entire agreement between you and FFEc with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and FFEc.

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